The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-06-24
REPUBLICAN SENATOR'S
OVERLOOK THE STATUTES OF
THE UNITED STATES
In Conserving 70 the Nomination Of
Rx.COafederates Who Are
Under Disabilities.


recently shown, and the example
given by a number of ambitious patti.
sRus, is in strange contrast with that
other example Of good will which
united every Republican Senator in
the Forty-ninth Congress with the
arst effort Of this administration to
blot out the last vestige OF proscrip.
ton remaining on the statute books.
Respect tor the Constitution and laws
by the United States Senate, perhaps,
is not 80 great Hs the respect shown
fer war trophies by their Captors.
While partisan press, therefore, is
hurling s.athe:ass az President GleVe-
land for overlooking the force Of a
statute passed in 1914, it is sugges ed
tkat it wcu,d be equitable Tor these
Zaalots 10 a,ssil the loyalty, patiiutism
AID integrity o. sucb men aa Senators
Sherman, e lmunds, Frye aud EvaYts;
the memory of such men "a Ger.
John A. Logan and Ger. John f.
Miller; the fidelity to their party of
such men o. ex Senators McMll 81,
Oopgsr and Warner Miller, on the r8-
speCt for their oath es Eenstors of such
men as. Mefsre. Hoar, Allison, Morrill,,
Cameron and Dawes. These gentle.
msn, representing every possible de.
gree Of feelty to the Republican party,
in tie DISCHARGE of their SsnstoriA!
dutiss did not hesitate to ignore The
living force OF the third section of the
fourteenth amendment to the consti-
tuition aud thut their eyes 10 the ex-
ieterc6 Of sections 1855 aud 1887 Of the
Revised Statutes-lawR enacted to
make that part Of the constitution
operative. Here are the facts, as fur
nished to your correspondent at the
State Department:
NIB. JACKSON.
On the 23l Of March, 1886, at the
extra session of the Senate, the Pfesi-
dent nominated Henry R. Jackson, of
Georgia, to be Minister TO Mexico.
The Senate Committee ON Foreign Re.
lationH then had Gen. John F. Miller
rs chairman, and Senators Sherman,
Edmunds, Frye and Evarts as the
other Republican members. Mr.,
Jackson was unanimously confirmed
that very day on a favorable report
from the Foreign Relations Commit.
tee. Yet In doing this the Republican
Senators ignored the following lection
Of the Fourteenth amendment to the
Constitution:
Section 3. No person shall be a
Senator or Representative in Congress,
or elector Of President and Vice Presi-
dent, or hold any office, civil or mill
tsry, under the United States, or under
any State, who, having previously
taken an oath as member of Con-
gress or as any officer of the United
States, or as a member of any State
Legislature, or as an executive or Judi
cial officer of any State, to support the
constitution of the United States, shall |
have engaged in insurrection or re-
bellion against the same and given aid
or comfort TO the enemies thereof.
"But Congress may by vote of two
thirds Of each house remove said dis |
ability"
Gen. Jackson was Minister to Aus
tris under President Buchanan. He
had taken an oath to support the con-
stitution, had been q prominent officer |
in the rebel army, and his disabilities |
were never removed. He remained |
in Mexico until last fall. The fact that |
he was debarred by the constitution \
and sections 1855 and 1887 from hold
ing the office, 1t now transpires, was
known to every Republican Senator,
not only at the time of his confirms
ton, but subsequently through the
long session Of the Forty ninth Con-
grees.
The sections Of law referred to are
"a follows:
"Section Whenever any per-
son holds Office, except as a member
of Congress of come State Legisla-
ture, contrary to the provisions Of the
third section of the fourteenth article
of amendment to the Constitution,
the District Attorney for the district
in which such person holds Office,
shall proceed against him by writ OF
quo warranto, returnable to the Cir.
cult or District Court OF the United
States in such district, and prosecute
the same to the removal OF such per-
son from Office.
"SEcTIoN 1787.-Every person who
knowingly accepts or holds any Office
under the United States, or any State,
to which he is ineligible under the
third section OF the fourteenth article
of amendment of the constitution, or
who attempts to hold OF exercise the
duties of any such Office shall be
deemed guilty of n1isdemeanor, and
shall be Imprisoned not more than one
year or fined not more than $1,000, or
both"
Mr.. LAYTON.
One week later-that is, March 80,
1885-the President nominated Alex
ander r. Lawton to be Minister to
Russia. Mr.. Jackson and Mr.. Lswton
had at one time been law partners.
The Senate was ready to adjourn. 1t
was alleged that Mr.. Lawton was not
eligible, and one or two of the garru-
lous Senators showing disposition to
talk about magnanimity to rebels,
though they made no opposition q
week before to Mr.. jackson, the For
eign Affairs Committee declined to
prolong the session by giving them
this opportunity, and 30 Mr.. Lawton's
nomination was not considered.
The Senate adjourned April 2, 1886.
Two weeks after adjournment it was
that Mr.. Lawton was not
one Of the number forbidden to hold
Office, and the President was assured
that II he sent him to Russia he would
be confirmed as certainly as Mr..
Jackson had been; but the Senators
were impatient to get home or it
would have been done at the extra
session.
kR. koRaAN.
With these assurances of kindly CO.
operation tho President at once APP
pointed as Consul General at Mel
bourne James Norris Morgan, who
was an officer OF the navy in 1881, his
oath to support the constitution being
on file in the Navy Department and
documentary evidence OF his partici-
patton in the rebellion on file in the
rebellion archives Of the War Depart
ment. His disabilities we're never re-
moved, and no one ever pretended
they were. 1t viii possibly be alleged
that Mr.. Jsckson's nomination was
acted upon hastily. That cannot be
said OF the nomination of Mr.. Morgan.
His name was sent to the Senate early
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